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HomeMy WebLinkAboutR-84-0597J-_84-444 RESOLUTION NO.,T� A RESOLUTION ALLOCATING AN AP4nTINT NOT TO EXCEED $25,000 FROM SPECIAL PROGRAMS AND ACCOUNTS, QUALITY OF LTFE FUND, TO COCO- NUT GROVE r<AP.KETTT•aG, _TINC. I?EPRESENTING THE COST OF IN -KIND SERVICES TO BE PROVIDED IN CONNECTION WTTH THE "TASTE OF THE GROVE FOOD FESTIVAL" TO BE FIELD IN PEA- COCK PARK ON JUNE 30 AND JULY 1, 1984; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH SAID FIRM. WHEREAS, the City Commission, by Resolution No. 84-166, on February 9, 1984, expressed its intent to support a proposed food festival to be held in Coconut Grove; and WHEREAS, Coconut Grove Marketing, in cooperation with the Muscular Dystrophy Association, Love 94 Radio and the Droducers of the Coconut Grove Bed Race, has planned a "Taste of the drove Food Festival" in Peacock Park on June 30 and July 1, 1984; and WHEREAS, thirty cents of every dollar earned from the sale of food at said festival will be donated to the Muscular Dystrophy Association; and WHEREAS, Coconut Grove Marketing has requested $25,000 in in -kind services in connection with said festival; NOW, T9EREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. An amount not to exceed $25,000 is hereby allo- cated from Special Programs and Accounts, Qualitv of Life Fund, to Coconut Grove Marketing to cover the cost of in -kind services in connection with the "Taste of the Grove Food Festival" to be held in Peacock Park on June 30 and July 1, 1984. Section 2. The City Manager is hereby authorized to execute an agreement, in a form acceptable to the City Attorney, with Coconut Grove Marketing,Inc, concerning the administration of the above - mentioned grant. PASSED AND ADOPTED this 24th day of May , 1984. ice A. Ferre JRICE A. FERRE M A Y 0 R CITY COMMISSION MEFITIIv C GF _- ' f�IAY J-84-444 RESOLUTION A RESOLUTION ALLOCATTNC- AN A�,InUNT NOT TO EXCEED $25,000 FROM SPECIAL PROGRAMS AND ACCOUNTS, QUALITY OF LIFE FUND, TO COCO- NUT GROVE"AI:KETIi;G, TTTC. REPRESENTING THE COST OF IN -KIND SERVICES TO BE PROVIDED IN CONNECTION WITH THE "TASTE OF THE GROVE FOOD FESTIVAL" TO BE HELD IN PEA- COCK PARK ON JUNE 30 AND JULY 1, 1984; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH SAID FIRM. WHEREAS, the City Commission, by Resolution No. 84-166, on February 9, 1984, expressed its intent to support a proposed food festival to be held in Coconut Grove; and WHEREAS, Coconut Grove Marketing, in cooperation with the Muscular Dystrophy Association, Love 94 Radio and the producers of the Coconut Grove Bed Race, has planned a "Taste of the Grove Food Festival" in Peacock Park on June 30 and July 1, 1984; and WHEREAS, thirty cents of every dollar earned from the sale of food at said festival will be donated to the Muscular Dystrophy Association; and WHEREAS, Coconut Grove Marketing has requested $25,000 in in -kind services in connection with said festival; NOW, T9EREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. An amount not to exceed $25,000 is hereby allo- cated from Special Programs and Accounts, Qualitv of Life Fund, to Coconut Grove Marketing to cover the cost of in -kind services in connection with the "Taste of the Grove Food Festival" to be held in Peacock Park on June 30 and July 1, 1984. Section 2. The City Manager is hereby authorized to execute an agreement, in a form acceptable to the City Attorney, with Coconut Grove Marketing,Inc. concerning the administration of the above - mentioned grant. PASSED AND ADOPTED this 24th day of May , 1984. ice A. Feri JRICE A. FE M A Y 0 R kwli T UUlv1iv116SlUl\4 MEETING OF ► AY ATTEST: Ra h G. Ongie, City Cjok PREPARED AND APPROVED BY: ZOA;::�tz/ Robert F. Clark 5eputy City Attorney APPROVED AS TO FORM AND CORRECTNESS: e R. Garcia -Pedrosa /��ty Attorney 2 w 84-59 CITY OF MIAMI. FLORIDA INTER -OFFICE MEt,40R \NDUM COMMISSION ACTION TO. Howard V. Gary = �? _ - r.,TF April 24, 1984 FILE - City Manager �= SUBJECT Resolution allocating $25,000 in in -kind services for the "Taste of the Grove Food Festival. /a7 l i:ern REFERENCES May 10, 1984 City Commission Acting Director �/' Meeting Department of Parks ENCLOSURES: and Recreation "It is recommended that an amount not to exceed $25,000 be allocated from Special Programs and Accounts, Quality of Life n `, Fund, to Coconut Grove Marketing, repre- _'-I) senting the cost of in -kind services in r,7 co r•; connection with the 'Taste of the Grove "' Ir c Food Festival' to be held in Peacock `_`' "" Park on June 30 and July 1, 1984, and ^� authorizing the City Manager to execute an agreement in substantially the form attached hereto, as per the attached resolution." The City Commission, by Resolution No. 84-166, expressed their intent to provide $25,000 in seed money to the Milwaukee Festival, a propo- sal food festival to be held in Coconut Grove. ® Coconut Grove Marketing has researched the food festival, determined that such project can be organized, and has planned an event for June 30 and July 1, 1984 in Peacock Park. The "Taste of the Grove Food Festival" has been organized in cooperation with the Muscular Dystrophy Association, Love 94 Radio and the producers of the Coconut Grove Bed Race and is planned as a benefit for the Muscular Dystrophy Association. Coconut Grove Marketing has requested that the City of Miami grant them an amount not to exceed $25,000 in in -kind services for police, sanitation, showmobile rental etc., rather than the $25,000 in seed money as originally intended. These in -kind services are necessary to insure the success of the event. SLM/ar Enclosure cc. Law Department V This agreement entered into this day of 1984, by and between the City of Miami., a municipal corporation of Dade County, Florida, hereinafter referred to as "CITY" and Coconut Grove Marketing, Inc.,hereinafter referred to as GRANTEE. WITNESSETH: WHEREAS, the City Commission, by Resolution No. of May 10 , 1984, allocated an amount not to exceed $25,000 to Coconut Grove Marketing, Inc. for the cost of in -kind services provided in connection with the "Taste of the Grove Food Festival" to be held in Peacock Park on June 30 and July 1, 1984 to benefit the Muscular Dystrophy Association, with monies from Special Programs and Accounts, Quality of Life Fund; and WHEREAS, the City Commission by Resolution No. of May 10, 1984, authorized the City Manager to enter into an agreement with Coconut Grove Marketing, Inc.; NOW, THEREFORE, the City Of Miami and Coconut Grove Marketing, Inc., do mutually agree as follows: 1. TERM This Agreement shall commence upon execution by the City Manager and shall cover the period June 30, 1984, for the purpose of providing the services stipulated in paragraph 2 of this Agreement, through July 1, 1984. 2. GRANTEE AGREES: a) The GRA14TEE shall provide a "Taste of the Grove Food Festival" on June 30 and July 1, 1984 in Peacock Park. b) The GRA14TEE shall insure the safety and welfare of the participants and the attending crov.d by securing the services of the City's Police, Fire and Sanitation Departments in the manner prescribed by said Departments. I c) The GRANTEE shall obtain the necessary licenses and permits as prescribed by City Code for this event. d) The GRANTEE shall comply with all covenants and requirements stipulated in said licenses and permits. e) The GRANTEE shall pay for all other costs associated with staging the festival in Peacock Park. f) The GRANTEE shall provide a statement to the City of Miami, Department of Parks and Recreation, of revenues and expenditures related to said event within 30 days after the completion of the event. g) The GRANTEE shall provide a certified statement to the Department of Parks and Recreation within 30 days after the completion of the event stipulating the amount donated to the Muscular Dystrophy Association. 3. COMPENSATION a) The CITY shall pay the GRANTEE, as compensation for the services outlined pursuant to Paragraph 3 hereof, an amount not to exceed $25,000. b) The City of Miami, Department of Parks and Recreation, shall handle payment to all City Departments for and on behalf of the GRANTEE to cover the cost of in -kind services delivered in connection with the festival. c) Such payment shall be made in accordance with the approved line item budget attached and incorporated as a part of this Agreement. d) The GRANTEE and the CITY hereby agree that the maximum amount payable under this contract shall not exceed $25,000. 4. TERMINATION OF CONTRACT The CITY retains the right to terminate this Agreement at any time prior to the completion of the services without penalty to the CITY. In that event, notice of termination of this Agreement 2 `'"-5 o shall be in writing to the GRANTEE who shall be paid for expenses incurred prior to the date of the receipt of the notice of termination. In no case, however, will the CITY pay the GRANTEE an amount in excess of the total sum provided by this Agreement. It is hereby understood by and between the CITY and the GRANTEE that any payments made in accordance with this section to the GRANTEE shall be made only if said GRANTEE is not in default under the terms of this Agreement. If the GRANTEE is in default, pursuant to the terms of Paragraph 15 or any other provisions of this Agreement, then the CITY shall in no way be obligated and shall not pay to the GRANTEE any sum whatsoever. S. GENERAL CONDITION a) All notices or other communications which shall or may be given pursuant to this Agreement shall be in writing and shall be delivered by personal service, or by registered mail or by telegraph addressed to the other party at the address indicated herein or as the same may be changed from time to time. Such notice shall be deemed given on the day on which personally served; or if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. COCONUT GROVE MARKETING, INC.- P.O. Box 330935 Coconut Grove, Florida 33133 CITY OF MIAMI - 2600 South Bayshore Drive Miami, Florida 33133 b) Titles and paragraph headings are for convenient reference and are not a part of this Agreement. c) In the event of conflict between the terms of this Agreement and any terms or conditions contained in documents, the terms in this Agreement shall rule. 6. AWARD OF AGREEMENT The GRA14TEE warrants that it has not employed or retained any person employed by the CITY to solicit or secure this Agreement and that it has not offered to pay, paid, or agreed to pay any 3 N 4 .....S 9 person employed by the CITY any fee, commission, percentage, brokerage fee, or gifts of any kind contingent upon or resulting from the award of making this Agreement. The GRANTEE is aware of the conflict of interest laws of the City of Miami (Miami City Code Chapter 2, Article V), Dade County, Florida (Dade County Code, Section 2--11.1) and the Florida Statutes, and agrees that they will fully comply in all respects with the terms of said laws. 7. NON-DELEGABILITY It is understood and agreed that the obligations undertaken by the GRANTEE pursuant to this Agreement shall not be delegated to any other person or firm unless the CITY shall first consent in writing to the performance of such services or any part thereof by another person or firm. 8. CONSTRUCTION, OF AGIZEEI ENT The parties Hereto agree that this Agreement shall be construed and enforced according to the laws, statutes and case laws of the State of Florida. 9. SUCCESSORS AND ASSIGNS This Agreement shall be binding upon the parties herein, their heirs, executors, legal representatives, successors, and assigns. 10. AUDIT RIGHTS a) The CITY reserves the right to audit the records of the GRANTEE at any time during the performance of this Agreement and for a period of three years after final payment is made under this Agreement. b) The CITY will audit all GRANTEES receiving $15,000 or more. c) All GRANTEES receiving $25,000 or more agree to submit to the City's Manager or his designee an independent audit, by a certified public accountant, which must include the expression of i an opinion on the financial statements and accounts of funds. Said audit shall be submitted to the City Manager or his designee no later than 90 days after the termination of this Agreement or final receipt of CITY funds, whichever is applicable. 11. INDEMNIFICATION The GRANTEE shall indemnify and save the CITY harmless from and against any and all claims, liabilities, losses, and cause of action, which may arise out of the GRANTEE'S activities under this Agreement, including all other acts or ommissions to act on the part of the GRANTEE or any of them, including any person acting for or on his or their behalf and, from and against any orders, judgements or decrees which may be entered, and from and against any and all costs, attorney's fees, expenses and liabilities incurred in the defense of any such claims, or in the investigation thereof. 12. CONFLICT QE INTEREST The GRANTEE covenants that no person under its employ who presently exercizes any functions or responsibilities in connection with this Agreement has any personal financial interests, direct or indirect, in this Agreement. The GRANTEE further covenants that, in the performance of this Agreement, no person having such conflicting interest shall be employed. Any such interests on the part of the GRANTEE or its employees must be disclosed in writing to the CITY. The GRANTEE, in the performance of this Agreement, shall be subject to the more restrictive law and/or guidelines regarding conflict of interest promulgated by federal, state or local government. 13. INDEPENDENT CONTRACTOR The GRANTEE and its employees and agents shall be deemed to be an independent contractor, and not an agent or employee of the CITY, and shall not attain any rights or benefits under the Civil 3 Service or Pension ordinance of the CITY, or any rights generally afforded classified or unclassified employees; further he/she 5 84-5911 shall not be deemed entitled to Florida Worker's Compensation benefits as an employee of the CITY. 14. DEFAULT PROVISIONS a) In the event the GRANTEE fails to comply with each and every term and condition of this Agreement, the GRANTEE shall be required to repay all funds advanced under this Agreement to the CITY and the GRANTEE may not be eligible to apply for additional grant funds. b) In the event of default, the CITY may cancel and terminate this Agreement, and said Agreement shall be null and void of further force and effect. 15. NON-DISCRIMINATION The GRANTEE agrees that there shall be no discrimination as to race, sex, color, creed or national origin in connection with any operations under this Agreement. 16. WAIVER No waiver of any provision hereof shall be deemed to have been made unless such waiver be in writing signed by the City Manager. The failure of the CITY to insist upon the strict performance of any of the provisions or conditions of this Agreement shall not be construed as waiving or relinquishing in the future any such covenants or conditions but the same shall continue and remain in full force and effect. 17. CONTINGENCY CLAUSE Funding for this Agreement is contingent upon the availability of funds and continued authorization for program activities and is subject to amendment or termination due to lack of funds or authorization, reduction of funds, and/or change in regulations. 6 84-5 1 U1 U 18 . COMPLIANCE WITH EEDE ALA, STATE AN ) LOCAL LAW Both parties shall comply with all applicable laws, ordinances and codes of federal, state and local governments. 19. BONDING AND INSURANCE a) During the term of this Agreement, the GRANTEE shall maintain bonding and insurance coverages in the amounts as determined by the Risk Management Division of the CITY. Whenever applicable, the CITY shall be named as an additional insured. b) The GRANTEE shall furnish certificates of insurance and bonding, as required, to the CITY prior to commencing any activities under this Agreement. 20. ASSURANCES AND CERTIFICATIONS The GRANTEE assures and certifies that: a) All expenditures of funds will be made in accordance with the proposal and line item budget (both of which are attached hereto as Exhibits 1 and 2) as approved by the City Commission. b) CITY funds will NOT be co -mingled with any other funds and that separate bank accounts and accounting records will be maintained. c) The expenditures of CITY funds will be properly documented and such documentation will be maintained. d) Periodic progress reports as requested by the CITY will be provided. e) The GRANTEE will be personally liable for any CITY funds expended that were not consistent with the program approved by the .City Commission or any funds expended not in accordance with proper accounting standards as determined by a competent auditing authority. f) No activity under this Agreement shall involve political activities. 84-597 OT 0 g) The GRANTEE possesses legal authority to enter into this Agreement; a resolution, motion, or similar action has been duly adopted or passed as an official act of the GRANTEE,' S governing body, authorizing the execution of this Agreement, including all understandings and assurances contained herein, and directing and authorizing the person identified as the official representative of the GRANTEE to act in connection with the GRANTEE and to provide such additional information as may be required. 21. AMENDMENTS The CITY may, at its discretion, amend this Agreement to conform with changes in applicable City, County, State and Federal laws, directives, guidelines and objectives. No amendments to this Agreement shall be binding on either party unless in writing and signed by both parties. Such amendments shall be incorporated as a part of this Agreement upon review, approval and execution by the parties hereto. IN WITNESS WIiEREOF, the parties hereto have caused this Agreement to be executed in their names by their duly authorized officers and the corporate seals to be affixed hereto, all as of the day and year first above written. ATTEST: Ralph Ongie, City Clerk ATTEST: SECRETARY CITY OF MIAMI, a municipal corporation of the State of Florida By Howard V. Gary, City Manager GRANTEE: COCONUT GROVE MARKETING, INC. By PRESIDENT e 84-r59 i 11 APPROVED AS TO FORM AND CORRECTNESS: Jose Garcia --Pedrosa, City Attorney APPROVED AS TO INSURANCE REQUIREMENTS: Division of Risk Management SEAL Ll APPROVED AS TO FORM AND CORRECTNESS: Jose Garcia -Pedrosa, City Attorney APPROVED AS TO INSURANCE REQUIREMENTS: Division of Risk Management SEAL 8459�